weather icon Clear

Homeowner wants kelly green door on new house

Q: I am purchasing a duplex in a new 55-plus community. The color scheme I selected has colors pre-selected for the doors. I thought I could select from option one or two. However, that is not the case. My home elevation includes a reddish door. The opposite elevation has a kelly green door that I prefer. I was told by the sales consultant, that after I am in the home, I can submit a request to the homeowners association to paint the door.

The color door that I prefer is offered in various collections in the community. My home will begin construction in March or April. Is there a way to get HOA approval prior to construction or is there a way that the general contractor can approve the change during construction? The color door I prefer is in the home collections. It would be easier to have the door color I want up front rather than requesting approval to change the color after it has been completed. I have not seen the HOA covenants, conditions and restrictions, yet. I’ve searched, but was unable to locate the document.

A: You should be cautious. You must obtain a copy of the CC&Rs and the architectural guidelines to determine the flexibility of the association in changing any of the colors. There are associations with not only specific colors but also have a set color scheme per house. In this case, as an example, the association may not allow two adjacent homes to have a kelly green door. You need to contact the management company to find out their policy.

Q: Our homeowners association board is trying to hold an emergency meeting to purchase artificial turf and tear out the dead grass in our dog park. The grass has been dead for more than six months. This has discussed in several board meetings over the months. Our 3 percent cap is roughly $3,500. This expense will be over $6,000. They received a bid from a new vendor (not our current landscaping company).

My understanding is that this would:

1. Not qualify as an emergency so a closed emergency meeting without notice to residents would be against the Nevada Revised Statute 116 regs.

2. Would exceed our 3 percent spend cap and would require notification of homeowners and a vote.

3. Needs to have bids opened during an HOA meeting because we are selecting a new vendor not using an existing one and because we are changing from a grass dog park to a new turf (no dog) green space.

A: I will address the questions you have in order:

1. An emergency meeting is not a closed board meeting. An emergency meeting is one in which the notification to the homeowners that the board will be conducting business is less than the required 10-day notice per NRS 116.31083 (2). Under section 13, the law defines the term, emergency, as: “Any occurrence or combination of occurrences that could not have been reasonably foreseen, or affects the health, welfare and safety of the residents or requires the immediate attention of and possible action by the board or makes it impractical to comply with the 10-day notification requirement.”

I do not wish to speculate why your association wants to hold this emergency meeting. As an example, it could be based upon the proposal that it is good only for a certain time since many landscape companies try to increase their business during the colder months. There may be concerns that the rebate would expire from the Southern Nevada Water Authority to help pay for the cost of the conversion from greenbelt to draught-tolerant landscape.

2. As noted in my response to question No. 1, the homeowners have to be notified only if the timeline is decreased for the notification period. You refers to the 10 percent cap, which is 3 percent of the annual budget. This cap applies to associations with less than 1,000 units. (see NRS 116.31086 subsection1). The law pertains to the bidding process only. As to any requirement for the homeowners to approve this expenditure, you would have to review the covenants, conditions and restrictions or bylaws.

3. Under NRS 116.31086, the bids must be opened at the meeting.

Q: Didn’t this piece of legislation put a cap on what an HOA can charge to set up a new homeowner’s account for monthly dues? Does it matter if the HOA is still under the control of a builder? I thought there was a max of around $350, with possible adjustments for inflation. What can you tell me?

A: Assembly Bill 237 was signed into law this past legislative session. The fee for the opening and closing of any file for each unit must be based on the actual cost that the association incurs, not to exceed $ 350. The fee can be increased each year based upon the Consumer Price Index and may not exceed 3 percent each year. In addition, there is a cap on resale certificate expedite fee of an additional $100.

Please note, that this law becomes effective Jan. 1, 2022 which amends NRS 116.3102 and NRS 116.4109 (4).

Q: Under state law, NRS 116.31151, homeowners have the right to reject a budget. Under subsection 3, it states, that unless at a meeting of a majority of the unit owners or any larger vote specified in the association’s governing documents reject the proposed budget, the proposed budget is ratified whether or not a quorum is present. Strictly reading the law, the association is not required to send out ballots.

A: The ratification meeting of the budget requires the association to provide a summary of the budget not less than 14 days and not more than 30 days after the mailing of the summaries.

If a homeowner believes that the budget ratification process was not properly executed by the board, the homeowner should contact the Nevada Real Estate Division’s Ombudsman Office.

Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

Don't miss the big stories. Like us on Facebook.
Most HOAs have community management companies

The role of the community management company is spelled out in its management agreement with the association and the role of its managers spelled out in NRS and Nevada Administrative Code 116 state laws and regulations.

Participation is required for HOA members, boards

What are the roles of the homeowners, management and board of directors in a homeowner association?

Homeowner says HOA is subsidizing golf country club

You or your association would need an attorney to review the governing documents and any other pertinent information pertaining to the legal relationship between the association and the country club/golf course. This information would provide you with the answer as to the country club/golf course’s financial obligations. If the information shows that country club/golf course should be absorbing more of the operating costs, your association would need to get involved with the assistance of their attorney to make changes with them.

Community wants to remove HOA board members

NRS 116.31036 addresses the removal process. The law has two requirements. The first is that at least 35 percent of the total number of voting members submit their ballots. Second, assuming that the association met the first requirement of the 35 percent, at least a majority of all the votes cast voted to remove the directors. Both requirements must be met in order to remove directors.

Homeowners feel harassed by board, management company

I appreciate your input to direct us how to handle this. We feel the Real Estate Division protects the management and not the homeowners. We have an investment here and want to be heard.

HOA management company charges ARC fee

As to your first question: A number of management companies are now charging an architectural fee.

Homeowner disagrees with HOA parking policy

Subsection 1 states that regardless of the association is gated or enclosed, the association shall not regulate any road, street, alleyway or other thoroughfare the right-of-way, which is accepted by the state or local government for dedication as a road, street, alley or thoroughfare for public use.

Community to complete landscaping project over three years

The project pertained to palm trees in the community. After receiving the proposal from the current landscaper, the board decided to have this landscape project spread out over a three-year period. In essence, dividing the landscape into three sections. One section would be done each year until the project was completed. The work would be performed by the current landscape contractor. The board had some reservations about spreading the work over the three-year period.

Black or white? Can HOA determine fence color?

The fact that the developer and or previous boards granted the variances does not necessarily negate the current and future boards from properly enforcing the association’s governing documents.

Law says homeowner can receive HOA payment plan

You should be able to find out if your account is with collections. Once you have that information, you should send a formal request to meet with the board to ask for a payment plan (which you are entitled under state law) and ask for them to waive the late fees, which is up to the board’s discretion.